한미 FTA와 도메인이름분쟁해결제도

The United States has requested her FTA partners that they should prohibit cyber-squatting of domain names under each ccTLD. Korea accepted the relevant provision in the KORUS FTA without much hesitation thinking that its measures for the protection of trademarks against cyber-squatting are beyond the UDRP requirement. This article analyzes the compatibility of Korea’s relevant laws and regulations with the UDRP and any necessity for amendment. The words of relevant KORUS FTA suggest that gTLD domain names do not come under the coverage. Korea allows claim for cancellation but not for transfer. Although the practice of giving the complainant prior chance to register the cancelled domain name relieves the US concerns, the possibility cannot be ignored that the US makes an FTA dispute suit by combining gTLD and .kr matters. The result would be that Korea win the case but lose its face and the US lose the case but win what she wants. The author suggests the following amendments be made to Korean laws to ensure compatibility of its domain name legislation with the UDRP : allow transfer claim, extend the legal protection to gTLDs, make it explicit that bad faith holdings and uses of domain names as well as registrations are prohibited.